Code
The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.
The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.
Explanation
This section outlines the conditions necessary for the right to private defense of property to arise:
- Apprehension of Immediate, Unlawful and Imminent Danger: The right to private defense arises only when there is an immediate threat to the property. The danger must be unlawful, meaning it must be without legal justification. The danger must also be imminent, meaning it is likely to occur immediately.
- Continuance of Apprehension: The right to private defense continues as long as the apprehension of danger exists. As soon as the danger ceases to be imminent, the right to private defense also ceases.
Illustration
Suppose a person sees someone attempting to break into their house. They have a reasonable apprehension of immediate, unlawful and imminent danger to their property. They are therefore justified in using force to defend their property, as long as the danger continues.
Common Questions and Answers
Q: Can I use force to defend my property if I am not present at the time of the danger?
A: No. The right of private defense of property only applies when the person using force is present at the time of the imminent danger.
Q: What kind of force can I use to defend my property?
A: The force used must be proportionate to the threat. You can only use force that is necessary to prevent the immediate danger to your property. You cannot use excessive force.
Q: What if I mistake someone for a thief and use force against them?
A: If you use force in good faith, believing there is an immediate threat to your property, you may be protected under this section. However, if you act without reasonable grounds or with excessive force, you could be liable for criminal charges.
